Best Wrongful Death Lawyer in San Jose
Losing someone you love because of another person’s negligence can leave a family dealing with far more than grief. Funeral expenses, lost income, medical bills, and the loss of the support that person provided can create serious financial pressure at an already difficult time.
If someone else’s actions contributed to your loved one’s death, you may have the right to pursue a wrongful death claim under California law. At San Jose Personal Injury Attorneys, we help families understand their legal options, investigate what happened, and pursue compensation from the parties responsible.
What Is a Wrongful Death Claim in California?
California Code of Civil Procedure Section 377.60 allows certain surviving family members and other eligible individuals to bring a wrongful death action when a person dies as a result of another party’s wrongful act, neglect, or default.
A wrongful death case is separate from a criminal prosecution. The purpose of a civil claim is to seek compensation for the losses suffered by the surviving family members as a result of their loved one’s death.
These cases can involve difficult questions about who was responsible, what caused the death, who is legally entitled to bring a claim, and how the family’s financial and personal losses should be calculated.
Over $500,000,000 Won Over 30 years of experience
Common Causes of Wrongful Death in San Jose
Wrongful death claims can arise from many different types of accidents and negligent conduct, including:
Motor Vehicle Accidents
Fatal collisions involving passenger vehicles, commercial trucks, motorcycles, and other vehicles can lead to wrongful death claims when another driver or party was negligent. San Jose families may face particularly complicated cases involving major roadways such as US-101, I-280, and I-880.
Pedestrian and Bicycle Accidents
A driver’s failure to yield, speeding, distracted driving, or other negligent conduct can result in fatal pedestrian, bicycle and e-scooter collisions. Determining exactly how the collision occurred may require accident reports, traffic-camera footage, witness statements, and other evidence.
Medical Malpractice
A wrongful death claim may arise when a healthcare provider’s negligence contributes to a patient’s death. These cases can involve allegations such as a failure to diagnose, surgical errors, medication errors, or other departures from the applicable standard of care.
Medical malpractice cases have specific legal requirements and deadlines, making an early evaluation particularly important.
Workplace and Construction Accidents
Fatal workplace accidents can involve falls, defective equipment, unsafe working conditions, construction-site hazards, or other circumstances. Depending on what happened, more than one party may potentially be responsible.
Premises Liability
Property owners and other responsible parties may face liability when dangerous conditions contribute to a fatal accident. Examples can include unsafe walkways, swimming pool accidents, inadequate security, or other hazardous conditions.
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Who Can File a Wrongful Death Claim in California?
California law identifies the people who may bring a wrongful death action. Generally, this includes a surviving spouse, domestic partner, children, or certain other individuals who meet the requirements established under California Code of Civil Procedure Section 377.60.
In some circumstances, other relatives may be eligible to bring a claim, including certain parents or individuals who would have been entitled to the deceased person’s property through intestate succession. The law also addresses situations involving putative spouses, stepchildren, and other individuals who can establish the required relationship or financial dependence.
Because eligibility can depend on the deceased person’s family circumstances, it is important to determine who has the legal right to bring the claim before moving forward.
Compensation in a California Wrongful Death Case
The damages available in a wrongful death case depend on the circumstances of the death and the losses experienced by the surviving family members.
Economic Losses
A wrongful death claim may seek compensation for losses such as:
Calculating these losses may require looking at the deceased person’s income, employment history, life expectancy, household responsibilities, and the financial support provided to family members.
Loss of Love, Companionship, and Support
California law also allows eligible surviving family members to seek compensation for certain non-economic losses associated with the death. Depending on the circumstances, these can include the loss of love, companionship, comfort, care, assistance, protection, affection, and moral support.
For children, the loss of a parent’s guidance and support can be an important part of the claim.
Wrongful Death and Survival Actions Are Different
A wrongful death claim seeks damages suffered by the surviving family members because of their loved one’s death.
A survival action is different. It is brought on behalf of the deceased person’s estate and may seek recovery for losses the deceased experienced before death. Depending on the circumstances, this can include certain medical expenses and other damages associated with the period between the injury and death.
The deadlines and rules governing survival actions can also differ, so families should not assume that a wrongful death deadline applies to every potential claim.
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Meet Our Attorneys
Our law firm is comprised of highly experienced personal injury attorneys. We are dedicated to providing top-tier representation for your personal injury claim. Contact us today for a complimentary consultation. We will review your case and provide you with a personalized evaluation of your claim.
Deon Goldschmidt
FOUNDing attorney
Kevin Retoriano
MANAGING PARTNER
Michel Shenouda
MANAGING PARTNER
How Long Do You Have to File a Wrongful Death Claim in California?
California generally provides a two-year statute of limitations for a wrongful death action. However, the deadline that applies to a particular case can depend on the circumstances, the identity of the defendant, and the legal basis for the claim.
Claims Involving a Government Agency
Different rules apply when a claim involves a California public entity or government agency. A claim for death or personal injury generally must be presented to the public entity within six months of accrual before a lawsuit can proceed. Additional deadlines can apply after the government agency responds to the claim.
For example, a fatal accident involving a public transportation agency, government vehicle, or dangerous condition on public property may require following these additional claim procedures.
Medical Malpractice Claims
Claims involving the death of a patient due to alleged medical negligence are subject to California's specific medical-malpractice rules. California Courts explains that a medical-malpractice action generally must be filed by the earlier of one year after the plaintiff discovers, or should have discovered, the injury, or three years after the date of the injury, subject to exceptions.
Because several different deadlines may potentially apply, waiting to investigate a possible wrongful death claim can put important legal rights at risk.
How We Handle San Jose Wrongful Death Cases
When a family comes to us after a wrongful death, we begin by learning what happened and identifying the issues that need to be investigated.
We can gather and review available evidence such as accident reports, medical records, photographs, video footage, witness statements, employment records, and other documentation relevant to the case.
Responsibility is not always limited to the person who directly caused the accident. Depending on the circumstances, a case may involve an employer, property owner, manufacturer, healthcare provider, business, or public entity.
We work to understand both the financial and personal losses resulting from the death. This can include the deceased person’s income and household contributions as well as the loss of companionship, care, guidance, and support.
Insurance companies may begin investigating a fatal accident almost immediately. We can handle communications with insurers and work to protect the family’s interests while the claim is being evaluated.
Some wrongful death claims can be resolved through negotiations. Others require litigation. When a case cannot be resolved fairly through settlement, our team can prepare the matter for litigation in Santa Clara County Superior Court.
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FAQ's
A wrongful death occurs when a person loses their life due to the careless, reckless, or intentional actions of another individual or entity. Examples of wrongful death in San Jose include fatalities resulting from car accidents, medical malpractice, falls, drownings, workplace accidents, and violent crimes.
A lawyer's role is to shoulder the legal burden so you can focus on healing. They will:
Investigate the circumstances of your loved one's death to establish liability.
Negotiate aggressively with insurance companies to reach a fair settlement.
Litigate (go to court) if a fair settlement is not offered.
Work to maximize your financial compensation to cover funeral expenses, medical bills, lost income, and pain and suffering.
Time is a critical factor because in California, there is a strict two-year statute of limitations for filing a wrongful death lawsuit. This means legal action must be taken within two years from the date of your loved one's passing, or you risk losing the right to seek compensation.
You should choose SJPIA because of their experience and track record in the local area. They highlight:
Over 30 years of exclusive wrongful death experience.
Proven Results, having recovered over $100+ Million for victims.
A compassionate approach coupled with in-depth knowledge of California's wrongful death laws.
They offer a free, confidential consultation to discuss your case.
PERSONAL INJURIES IN SAN JOSE
With a track record of success over the last 30+ years, our team of experienced San Jose accident attorneys specialize in a wide range of the following accident-related practice areas: